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showing the following information: (1) The name of the donee;
(2) the date and location of the contribution; and (3) a
description of the property in detail reasonably sufficient under
the circumstances. Sec. 1.170A-13(b)(1), Income Tax Regs. The
amount of the contribution is the fair market value of the
property at the time of the contribution. Sec. 1.170A-1(c)(1),
Income Tax Regs.
Petitioner has not maintained any of the records required to
substantiate his claimed charitable contributions. Petitioner
testified, at trial, that during 2002 he made weekly cash
contributions of between $40 and $50 at the Sunday services of
the Methodist Church in Shortgap, West Virginia. Petitioner
further testified that he contributed clothing to the Salvation
Army during the year in issue. Petitioner has not offered into
evidence any documentary substantiation in support of his claimed
charitable contributions.
On the basis of the record, we find petitioner’s testimony
credible as to the portion of charitable gifts made to the
Methodist Church. Although petitioner has no records, we
conclude that petitioner is entitled to a deduction for cash
charitable gifts for the taxable year 2002 of $1,000. However,
he is not entitled to a deduction for gifts other than by check
or cash.
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Last modified: May 25, 2011